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Patrick, Esq.
Patrick, Esq., Lawyer
Category: Employment Law
Satisfied Customers: 11249
Experience:  Significant experience in all areas of employment law.
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I reported a PAA violation and the employee was written up

Customer Question

Good morning. I reported a HIPAA violation and the employee was written up for breach of patient information. Her Director met with me, my immediate Director and the employee and chastised me for reporting it and said she expected in the future that I would go to her. That it was not her employees intention to hurt this woman and made accusations that I did it to hurt her employee. Obviously it made my Director upset with me and the very next day she emailed me and told me there were three important meetings that I would not have to attend so I could get my work done. Since then she has accused me of less than stellar work and now I feel like I go to a hostile work environment. I can't sleep, have had dizzy spells and am fatigued. This happened two weeks ago and I am so afraid of losing my job. I have talked to the compliance officer and save every email for documentation.
Submitted: 1 year ago.
Category: Employment Law
Expert:  Patrick, Esq. replied 1 year ago.

Hello and welcome. It is illegal to retaliate against an employee because that employee reported a HIPAA violation. If you can prove that you have suffered retaliation as a result of making such a report, you would typically be able to sue in civil court to obtain compensation for your damages. That would be your recourse under the cirfumsrances you describe. The best thing to do at this point in time is document all instances of retaliation and create a timeline so your complaints are well recorded.

Customer: replied 1 year ago.
Would I be better off to look for another job and quit or make them fire me? Also, after this happened my boss is now belittling me but does it when no one is around. Can I record her? I know the Judge typically won't admit into court, but want it on the record. I am saving every email and documenting every conversation to let the compliance officer know. Are you able to guide me to a labor attorney in the Ormond Beach area?
Expert:  Patrick, Esq. replied 1 year ago.

Generally it is better to force them to fire you. Otherwise, you would have to prove that your work environment was so unbearable that no reasonable person would continue to remain employed in order to collect unemployment benefits and in order to collect damages for lost wages. That is very hard to prove.

Florida is a "one party" recording state, which means it is lawful to record someone without their knowledge if you are a party to the conversation. Unfortunately, we are forbidden from making specific attorney referrals on Just Answer. However, here is a useful directory you can use to locate one yourself. http://lawyers.findlaw.com/lawyer/practicestate/employment-law-employee/florida

Again, please feel free to let me know if you have any further concerns. If I have answered your question, I would be very grateful for a positive rating of my service so that I may receive credit for assisting you.

Very best wishes.

Expert:  Patrick, Esq. replied 1 year ago.

Hello again,

I just wanted to followup with you to make sure that you did not have any further questions or concerns. For some unknown reason, the experts are not always getting replies or ratings (which is how we get credit for our work) that the customer thinks have gone through. In your case I have not yet received either. If you are having technical difficulties with reading, replying or rating, please let me know so that I can inform the site administrator.

In any event, it was a pleasure assisting you and I would be glad to attempt to assist you further on this issue, or a new legal issue, if needed.

Very best wishes.